Excelsior Correspondent
BARAMULLA, May 29: In a significant move towards upholding and protecting the child rights, Principal District and Sessions Judge Baramulla Sanjay Parihar today rejected the bail application of one accused in child trafficking and held that the accused is not entitled for bail by observing that because of the conduct of the accused /petitioner, the life of minor girl has been ruined by pushing her into sexual exploitation.
Rejecting bail of accused Zoya Farooq Sheikh who was found abettor, the order said that petitioner cannot take refuge under the garb of being a person of weaker sex. Having regard to the material laid against the accused / petitioner, there is a legal bar in granting bail in favour of petitioner. She has failed to carve out a strong prima-facie, case at this stage, consequently her bail application is dismissed.
Briefly stating case against accused that on 29.10.2019,complainant lodged written report with the Police Station Pattan to the effect that his minor girl namely (name not disclosed) went missing on 25.10.2019, upon which case FIR No. 179/2019, under section 363 RPC came to be registered by Police Station Pattan.
During the course of investigation it came to the information of the Police that the she has been seen in Jammu near Wave Mall therefore, on 19.11.2019, they recovered the prosecutrix from Jammu and at that time she was accompanied by accused Zuha Farooq Zoya Farooq Sheikh D/o Farooq Ahmad Sheikh R/o Dalgate Srinagar Kashmir who gave slip to the police party .Victim was identified by her maternal uncle who was accompanying Police party.
Subsequently the accused, a resident of Dalgate Srinagar was arrested by the police station Pattan in case FIR No 179/2019 for 363, 366-A, 376, 344 RPC and 4-17 POCSO Act, was found abettor who abetted co-accused and other unknown persons to commit rape of victim by pushing her to flesh trade.
As per the facts of the case, the victim who is a minor aged 15 and a half years, was kidnapped by another accused namely Tanveer Ahmad Sheikh alias Parvaiz from Pattan who took her in his auto to Dalgate Srinagar and confined her at a house where she was raped by some persons. Thereafter victim on next day was handed over to the prime accused Zuha Farooq who took her to Jammu in an innova vehicle driven by one namely Sameer. After reaching Jammu, victim was forced by the Zuha to establish sexual relations with many persons at different hotels for a month after confining her in a house.
However, the police arrested three more accused namely Vickey Kumar and Lucky Dogra from Jammu who had raped the victim at Jammu and Tanveer Ahmad Shiekh alias Parvaiz who had raped the victim at Srinagar.
After filing the charge sheet against the petitioner as well as the accused Vickey Kumar and Lucky Dogra, the statement of the victim revealed that it is a case of human trafficking who was forced to consume drugs and liquor and was subjected to rape by many persons at Srinagar and Jammu wherein the accused Zuha Farooq played a major role. High court as already rejected bail application of accused.
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